Questions regarding the legal guardianship and consent requirements for medical treatment and transfer of Neville Van Haeften, a voluntary patient, within the WA health system. Focuses on the roles of legal guardians and the Chief Psychiatrist.

AnsweredQoN 5574Legislative Council
Asked
18 October 2007
Portfolio
Health

QuestionView source ↗

(2) Are three members of Neville Van Haeften’s family his joint legal guardians with Ms Debbie Van Haeften as their spokesperson?
(3) Other than in emergencies, do one or all of these three legal guardians need to provide consent for Department of Health staff to transfer Neville from either the Hostel or Jacaranda House, to the Fremantle Seniors Mental Health Service?
(4) Was Mr Neville Van Haeften a voluntary or involuntary patient at the Fremantle Seniors Mental Health Service when he was admitted there in October 2005?
(5) Other than in emergencies, do one or all of Neville’s three legal guardians need to provide consent for Department of Health staff to undertake a thorough physical and psychiatric assessment of Neville in the Fremantle Seniors Mental Health Service?
(6) Other than in an emergency, can the Chief Psychiatrist overrule the wishes of a legal guardian of a voluntary mental health patient and give consent to Department of Health staff to transfer a patient from a hostel and admit the patient to a hospital?
(7) Other than in an emergency, can the Chief Psychiatrist overrule the wishes of a legal guardian of a voluntary mental health patient and consent for a thorough physical and psychiatric assessment to take place?

AnswerView source ↗

Answered
13 November 2007
Responded by
Minister for Child Protection representing the Minister for Health
Response time
26 days
(1) Yes.
(2) Yes.
(3) Medical and health care are not part of the guardianship order.
(4) Voluntary.
(5) Medical and health care are not part of the guardianship order.
(6) No.
(7) No.
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